Missouri DWI Lawyers

Missouri DWI Lawyers

Get help from a Missouri DWI Lawyer by calling 1-800-852-8005, or you can select the County or Area where you DWI in Missouri occurred.

Find a Missouri DWI lawyer in your area:

AdairClayIronMontgomerySchuyler
AndrewClintonJacksonMorganScotland
AtchisonColeJasperNew MadridScott
AudrainCooperJeffersonNewtonShannon
BarryCrawfordJohnsonNodawayShelby
BartonDadeKnoxOregonSt. Charles
BatesDallasLacledeOsageSt. Clair
BentonDaviessLafayetteOzarkSt. Francois
BollingerDeKalbLawrencePemiscotSt. Louis
BooneDentLewisPerrySte. Genevieve
BuchananDouglasLincolnPettisStoddard
ButlerDunklinLinnPhelpsStone
CaldwellFranklinLivingstonPikeSullivan
CallawayGasconadeMaconPlatteTaney
CamdenGentryMadisonPolkTexas
Cape GirardeauGreeneMariesPulaskiVernon
CarrollGrundyMarionPutnamWarren
CarterHarrisonMcDonaldRallsWashington
CassHenryMercerRandolphWayne
CedarHickoryMillerRayWebster
CharitonHoltMississippiReynoldsWorth
ChristianHowardMoniteauRipleyWright
ClarkHowellMonroeSaline

Missouri State SealIf you have been charged with a Missouri DWI there are two things that you need to consider:

1) Take the charge seriously.
A conviction for a Missouri DWI will have long lasting consequences. A criminal record can affect your employment, your future and your personal freedom.

2) Hire an experienced Missouri DWI Lawyer.
Understanding the Missouri DWI laws and courtroom proceedings can be a challenge. Hiring a qualified Missouri DWI Lawyer from DWI.com who focuses on DWI defense can make a difference in the outcome of your case.

The Missouri DWI Defense Lawyers at DWI.com offer an initial review of your case. Your inquiry is both free and confidential.

To begin fighting your Missouri DWI, use the drop-down menu above to locate an Missouri Attorney in your county. But do it now, as time is very critical in a Missouri DWI case.

If you have been arrested for Driving While Intoxicated (DWI) in Missouri, it is important to remember that TIME IS CRITICAL. You may lose your drivers license if you fail to act IMMEDIATELY. DWI.com can help you get the representation you need in order to keep your drivers license, fight costly fines, penalties, and possible jail time.

DWI.com can connect you with qualified legal representation to begin the fight to save your drivers license and protect you from having a criminal record. Our network of DWI Defense Lawyers and Missouri Driving While Intoxicated (DWI) Attorneys have proven records of accomplishment fighting Driving While Intoxicated (DWI) charges and are waiting to help you!

Obtaining expert legal representation from a Missouri Driving While Intoxicated (DWI) Lawyer can be much more affordable than you may think. Many DWI lawyers listed on DWI.com offer flexible payment options and free initial consultations.

Missouri DWI Information

Alcohol Convictions

Statutory References: 302.302, 577.010, and 577.012, RSMo

Points are added to a driver’s record for an alcohol related traffic conviction.

  1. First conviction for excessive blood alcohol content (BAC) – 8 points
  2. First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID) – 8 points
  3. Second or subsequent conviction for DWI, DUID or BAC – 12 points
  4. Commercial motor vehicle .04% – 2 points

A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year.

Multiple Convictions

A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is revoked for a period of one year. A driver convicted of driving while intoxicated for the second time in a five-year period also receives a five-year license denial.

A 10-year license denial is imposed against any individual convicted three or more times for driving while intoxicated, excessive blood alcohol content (BAC) or a combination of the two. After ten years, the privilege to drive can be restored only by court order.

Reinstatement

A person whose driving privilege is suspended or revoked may have his or her driving privilege reinstated after the suspension or revocation period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended or revoked.

Anyone suspended or revoked for points assessed as a result of an alcohol-related conviction must meet the following reinstatement requirements:

  1. Pay a $45 reinstatement fee.
  2. File and maintain proof of financial responsibility for two years from the suspension or revocation date.
  3. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.

Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee.

Administrative Alcohol Arrests

Statutory References: 302.500 through 302.540

A person arrested for driving with a blood alcohol content of .08 percent or higher is processed administratively as well as criminally. Minors arrested or stopped with .020% or more blood alcohol content are also subject to the administrative sanctions under section 302.500 through 302.540.

The arresting officer completes and sends information to the Department of Revenue, including the following.

  1. Alcohol Influence Report form (AIR).
  2. Missouri Uniform Complaint and Summons, or warrant, if applicable.
  3. Notice of Suspension/Revocation of Driving Privilege and Temporary 15-Day Driving Permit (this will only be issued if the individual’s license is taken).
  4. Missouri Driver License, if secured.

Hearing Process

The driver has 15 days from the date their Notice of Suspension/Revocation is issued to request an administrative hearing. If requested, a hearing is scheduled by the Department of Revenue in the county of arrest or may be held by telephone. In most cases, the administrative records are sufficient to serve as the arresting officer’s testimony during the administrative hearing. In some instances, however, the arresting officer may be subpoenaed to appear.

Suspension/Revocation

If the action is upheld, the driver license is suspended or revoked based on the prior five-year driver record. If convicted or suspended during the past five years for an alcohol-related law enforcement contact, the person is revoked for one year, and if not, a 30-day suspension is imposed. The 30-day suspension is followed by a 60-day restricted driving privilege. The effective date of the suspension or revocation is 15 days after the final order of the hearing officer is mailed from the Department of Revenue.

If the driver does not request a hearing, a suspension or revocation begins on the 15th day after the arrest, and is final.

If the suspension/revocation is upheld at the administrative hearing, the individual can petition the circuit court for further review. The suspension or revocation is still imposed even though a circuit court review is pending. If the court upholds the arrest, the driver serves any remaining time for the original suspension or revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the suspension or revocation is canceled and the license is returned, if applicable.

The reinstatement requirements are:

  1. Pay a $45 reinstatement fee.
  2. File and maintain proof of financial responsibility (SR-22 filing) for two years from the suspension or revocation date. However, proof of financial responsibility is not required for minors suspended on a first offense under the zero tolerance law.
  3. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.

If revoked, the individual is required to take the complete written and driving tests before applying for a new license.

Chemical Test Refusal

Statutory Reference: 577.041

Missouri’s implied consent law requires a driver to submit to a chemical test when requested by a law enforcement officer. If the driver refuses to submit to the test, the license is revoked for one year.

Initial notice of the refusal should be served by the arresting officer. The officer completes and sends information to the Department of Revenue utilizing an Alcohol Influence Report form. The arresting officer will take possession of any valid Missouri driver license the driver has in his or her possession and issue a 15-day permit, if applicable. Any continued driving beyond the initial 15-day period must be pursuant to a court issued stay order. The stay order will temporarily suspend the revocation until the case is settled.

If the court upholds the arrest, the driver serves any remaining time for the original revocation period and must meet the reinstatement requirements. If the court overturns the arrest, the revocation is canceled and the license is returned, if applicable.

The reinstatement requirements are:

  1. Pay a $45 reinstatement fee.
  2. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.

Abuse and Lose

Statutory Reference: 577.500 and 577.525

If ordered by the court, anyone under 21 years of age may have his or her driving privilege suspended for 90 days for a first offense or revoked for one year for a subsequent offense for any one of the following reasons:

  1. Any alcohol related traffic offense.
  2. Any offense involving the possession or use of alcohol while operating a motor vehicle.
  3. Any offense involving the possession or use of drugs.
  4. Any offense involving the alteration, modification or misrepresentation of a driver license.
  5. A second offense involving the possession or use of alcohol by someone under 18 years of age.

If ordered by the court, anyone 21 years of age or older may have his or her driving privilege revoked for one year for possession or use of drugs while driving.

  1. Pay a $45 reinstatement fee.
  2. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.

Minor in Possession/Other Alcohol Offenses

Statutory References: 311.325 and 577.500

Conviction

Two points are added to a driver’s record for a minor in possession traffic conviction. The person must have been operating a motor vehicle.

Court Ordered Suspension/Revocation

If ordered by a state court, any person more than 15 and under 21 years of age may have his or her driving privilege suspended or revoked for any one of the following reasons:

  1. Purchasing or attempting to purchase any intoxicating liquor.
  2. Possessing any intoxicating liquor.
  3. Being visibly intoxicated as defined in section 577.001, RSMo.
  4. Having a blood alcohol content level of more than .020 percent.

The first withdrawal action under the Minor in Possession/Other Alcohol Offenses law shall be for 30 days, the second withdrawal action shall be for 90 days, and the third or subsequent withdrawal action shall be for one year. The reinstatement requirements are:

  1. Pay a $45 reinstatement fee.
  2. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or a comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.